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PSA Requires PO to Register with
DPS
Important to keep abreast of Texas legislation to remain compliant with new laws,
regulations
By Carlos A. Peniche
More two years ago, a client of mine and I got into a dispute with our friends at DPS over whether full time peace officers meeting the qualifications of �1702.322 of the Private Security Act had to be registered with the Private Security Bureau if the peace officer is providing off duty security services through a private security services contractor. DPS said �yes,� we said �no.� We actually sued the DPS over the issue but worked out a peaceful resolution.
The Texas Legislature is getting ready to convene, so I thought I would share with you how what they do can affect you and your business. At the time of the dispute in 2008, the portion of the PSA I relied upon to assert that full-time peace officers were not required to register under the PSA stated, in pertinent part, that the act does not apply to full time peace officers under the following language:
�� 1702.322. Law Enforcement Personnel
This chapter does not apply to:
(1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a � guard � if the officer:
(A) is employed in an employee-employer relationship or employed on an individual contractual basis;
(B) is not in the employ of another peace officer;
(C) is not a reserve peace officer; and
(D) works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage �.�
After our lawsuit with DPS was resolved in the fall of 2008, DPS worked with the Texas Legislature in 2009 to clarify the issue squarely in their favor and the following new language was added:
�� 1702.322. Law Enforcement Personnel
This chapter does not apply to:
(1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a � guard � if the officer:
(A) is employed in an employee-employer relationship or employed on an individual contractual basis directly by the recipient of the services; (the new language is in bold, italics and underlined)
With that phrase, it became clear that full-time peace officers who work private security jobs through licensed security contractors must be registered under the PSA. My point is that you should keep abreast of what is going on in the legislature this year because they are in session again and what they do can affect how you are required to operate your business.
ASSIST employs Keith Oakley as the lobbyist for security in Texas and has a legislative team consisting of Bob Burt, ASSIST president; Alan Trevino, vice president; Bob Marquis, Dallas Chapter member; George Craig, former commissioner of the PSB; and Walt Roberts, ASSIST executive vice president. Each of them has their contact information listed in this issue of
Managing Security Today and you should contact them to communicate your view with regard to legislation affecting private security within the state of Texas.
Carlos Peniche is a 29 year, double board certified (Personal Injury Trial Law and Civil Trial Law, Texas Board of Legal Specialization) litigation attorney who has represented security guard contractors, private investigators, alarm companies and other security professionals in both litigation and transactional matters. He is a partner with Lam, Lyn & Philip, P.C. (Houston, Texas) Telephone: 713-981-0900; fax: 713-772-7085; email:
[email protected].
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